Gay Marriage as a Civil Right—Are Wrongs Rights?

The homosexual rights movement has adopted the language of “civil rights” as its own. Do these claims have any legitimacy?

We should have seen it coming. Back in 1989 two young activists pushing for
the normalization of homosexuality coauthored a book intended to serve as a
political strategy manual and public relations guide for their movement. In
After the Ball: How America Will Conquer its Fear and Hatred of Gays in the
90s, authors Marshall Kirk and Hunter Madsen argued that efforts to normalize
homosexuality and homosexual relationships would fail unless their movement
shifted its argument to a demand for civil rights, rather than for moral acceptance.
Kirk and Madsen argued that homosexual activists and their allies should avoid
talking about sex and sexuality. Instead, “the imagery of sex per se should
be downplayed, and the issue of gay rights reduced, as far as possible, to an
abstract social question.”

Beyond Kirk and Madsen and their public relations strategy, an even more effective
legal strategy was developed along the same lines. Legal theorists and litigators
began to argue that homosexuals were a class of citizens denied basic civil
liberties, and that the courts should declare them to be a protected class,
using civil rights precedents to force a moral and legal revolution.

That revolution has happened, and it has been stunningly successful. The advocates
for the normalization of homosexuality and the legalization of same-sex marriage
have used legal arguments developed from the civil rights era to their advantage.
Arguments used to end the scourge of racial segregation were deployed to normalize
homosexuality and homosexual relationships. Over the years, these arguments
have led to such major developments as the decriminalization of homosexual behaviors,
the inclusion of homosexuals within the United States military, and the legalization
of same-sex marriage in some states.

Now, the United States Supreme Court is poised to hear arguments in two cases
that directly address the question of same-sex marriage and the Constitution.
Oral arguments before the Court were scheduled for March, and the impact of
the Court’s decisions in these two cases will be monumental.

When Rights Are Right

What should Christians think about this? We do believe in civil rights. Taken
at face value, civil rights are those rights that a person should be recognized
to possess simply because he or she is a citizen. Christians should welcome
the recognition of civil rights, understanding that the very notion of such
rights is based on a Christian worldview and the affirmation that every human
being is made in God’s image, and therefore possesses dignity and certain essential
rights. In the language of the Declaration of Independence, “We hold these truths
to be self-evident, that all men are created equal, that they are endowed by
their Creator with certain unalienable Rights, that among these are Life, Liberty
and the pursuit of Happiness.”

Even as secularists do their best to establish some grounding for civil rights
without reference to God, the founding language of our nation—in agreement with
biblical principles—clearly affirms that these liberties are given to all people
by the Creator.

Beyond this fact, we must be thankful that an expanding understanding of civil
rights has led our nation to address wrongs and to make moral progress in ending
wrongful discrimination. The civil rights movement of the late twentieth century
saw America come face to face with the reality that, as a nation, we were not
living up to our own commitment to those rights.

The key question we now face is this: Does recognition of civil rights for
all people require the normalization of homosexuality and the legalization of
same-sex marriage?

The key question we now face is this: Does recognition of civil rights for
all people require the normalization of homosexuality and the legalization of
same-sex marriage?

That is precisely what gay rights proponents have been claiming for the past
thirty years, and their arguments have gained much ground. In 2003 the Supreme
Court struck down criminal laws against homosexual behavior in the decision
known as Lawrence v. Texas. Writing for the majority, Justice Anthony Kennedy
argued that the Constitution does not allow for the criminalization of homosexual
acts, since such laws would deny a specific class of persons their basic civil
rights. A series of similar court decisions has followed, with several courts
ruling that outlawing same-sex marriage is a similar denial of a civil right.

Helpful Resources

Help! My Teen Is Gay(Day One Publications)

What do you do when homosexuality comes closer to home? Biblical counselor
Ben Marshall answers that question in this booklet, which goes to the Bible
for clear answers, direction, and the hope found only in Jesus Christ. This
resource is excellent, not only for parents and others who want to help, but
also for the person battling same-sex attraction or behavior. It includes
Bible study assignments and discussion questions.

Door of Hope: Freedom from the Bondage of Homosexuality(Setting Captives Free)

A 60-day online, interactive course that leads a person into the joy of a
newfound relationship with the Lord and teaches him or her how to find freedom
from homosexuality. To find out more go to www.settingcaptivesfree.com.

The Truth about Same-Sex Marriage (Dr. Erwin Lutzer)

This book comes from the pen of one of America’s faithful Bible teachers
and pastors. Dr. Erwin Lutzer demonstrates how true, biblical love does not
ignore the serious issues at stake in this moral battle but speaks God’s truth
concerning God’s design for marriage and sexuality.

Books recommended by Dr. Paul Tautges
of counselingoneanother.com

When Rights Are Wrong

At this point Christians have to think very carefully. We do not want to deny
anyone his or her civil rights. To do so would not only violate the Constitution
but also deny the rights that are granted, not by the government, but by the
Creator. But is same-sex marriage such a right? The answer to that question
must be no.

Marriage laws always discriminate. Current laws discriminate on the basis of
age, marital status, and gender, as well as a host of other issues. The law
itself necessarily discriminates. For instance, married people pay fewer taxes
and women enjoy maternity leave. The question is whether such discrimination
is right or wrong.

Discrimination on the basis of an unchangeable characteristic such as skin
color would be wrong. But Christians cannot accept the argument that homosexuality
is an immutable characteristic. While recognizing the complexity of issues related
to sexual orientation, we cannot define a behavior as an intrinsic characteristic.
On that basis, why not grant theft or other sinful behavior the same civil rights
protection?

Furthermore, we recognize that marriage, like human rights, exists prior to
the law. Christians understand that marriage was instituted by the Creator,
who designed marriage and the family as the foundational social unit of human
society. Marriage unites a man and a woman in a holy covenant that should last
as long as they both live.

From the very beginning, marriage was designed as the union of one man and
one woman. Every human society has recognized this meaning of marriage, and
all successful civil societies have honored, protected, and defended heterosexual
marriage as the union that should govern human sexuality, reproduction, intimacy,
and rearing of children.

Those pushing for the legalization of same-sex marriage have been tremendously
successful in convincing many people—and several courts—of their argument that
same-sex marriage is a civil right. But this is a confusion of categories that
Christians cannot accept.

The argument for the legalization of same-sex marriage fails in terms of any
constitutional logic that our nation’s founders would have conceived. Beyond
this, faithful Christians cannot accept such arguments because an even greater
authority—the authority of the Bible as the Word of God—binds us.

The Bible is clear in terms of its teachings on both sexuality and marriage.
As Jesus Christ declared, God intended marriage as the union of one man and
one woman “from the beginning” (Matthew 19:4–6). The
legalization of same-sex marriage would confuse and greatly weaken the single
institution that is most central to human society and most essential to human
flourishing.

Christians responding to demands for the legalization of same-sex marriage
cannot accept the argument that the right to marry a person of the same gender
is a civil right.

We are living in an era of moral revolution and seismic cultural change. Christians
must remember that our ultimate authority is the Word of God. We are thankful
for the recognition of civil rights, but we also understand that these rights
will be confused in a sinful world. We must understand that the claim that same-sex
marriage is a civil right reveals more than constitutional confusion—it reveals
the need of every human being for nothing less than the forgiveness, healing,
and redemption that can come only through faith in the Lord Jesus Christ.

At the end of the day, the argument over same-sex marriage is never just about
same-sex marriage, and debates about civil rights are never just about civil
rights. Deeper truths and worldview implications are always at stake, and it
is our responsibility to make certain that we know what those are and stand
humbly and compassionately for those truths, regardless of the cost.

R. Albert Mohler Jr., president of The Southern Baptist
Theological Seminary, has been recognized by Time
and Christianity Today as a leader among American
evangelicals. He hosts a daily podcast entitled The Briefing
and writes a popular blog at albertmohler.com about moral,
cultural, and theological issues.

Answers Magazine

April – June 2013

What unique conditions were required to start the Ice Age, and where does it fit in Bible times? Why did Ice Age animals grow so big, and what happened to them? Also, can you explain why God made more species of beetles than any other animal? Can you prove that Genesis 1–3 is not a Near Eastern myth? Read the answers to these questions and many, many more in this issue!